Dissertations / Theses on the topic 'Droit des biens – France'
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Maleki, Patricia. "La légitime défense des biens." Nice, 2002. http://www.theses.fr/2002NICE0008.
Full textKan-Balivet, Béatrice. "Les techniques de gestion des biens d'autrui." Lyon 3, 2004. https://scd-resnum.univ-lyon3.fr/out/theses/2004_out_balivet_b.pdf.
Full textIn answer to the needs of persons who, for certain reasons, do not want or must not manage their own property, the law provides a large range of legal instruments. Though these institutions are almost always ruled by specific dispositions (but not comprehensive), no general theory can be found in the civil Code. Neither do Academics deal with the subject in a comprehensive manner, even though they seem to agree with a single tool of other's property management, based on the concepts of power, the représentation. The author intends to defend a multilevel approach to other's property management, which is a necessary preliminary to every wide reflection in this field, founded on tradition and positive law. Indeed, the fragmentation of other's property management tools will be highlighted. The bases of the above-mentioned fragmentation are notional and functional. The different tools which allow to manage other's property can not all be linked to the notion of factual control without altering this notion. In fact, it refers only to two situations, direct or indirect representation, depending on whether the person whose property is managed is directly or indirectly legally bound by the acts of the manager. It must be noted however that the powers of the manager are different in their nature if the relationship is a trust or an usufruct for example, due to the fact that the management is no longer based on a power in the narrow meaning, but on a right of ownership (when speaking of ownership) or on a factual control (when the manager is a detentor). The notional fragmentation leads to a functional fragmentation. Each tool produces a specific result in the light of the equilibrium between the two requirements of the management : dynamism and protection of everyone's interests. Even though some common rules can be found, the ownership institution remains, in its exemplary dimension, the potentially most efficient but also the most dangerous because of it is lacking a comprehensive organisation
Cabrol, Pierre. "Les biens culturels en droit civil français." Bordeaux 4, 1999. http://www.theses.fr/1999BOR40044.
Full textChamard-Heim, Caroline. "La distinction des biens publics et des biens privés : contribution à la définition de la notion de biens publics." Lyon 3, 2002. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247098903.
Full textLaroche, Maud. "Revendication et propriété : étude des rapports entre droit des procédures collectives et droit des biens." Paris 2, 2004. http://www.theses.fr/2004PA020087.
Full textDreveau, Camille. "L'affectation de l'immeuble : étude de droit des biens et de droit des contrats." Nantes, 2008. http://www.theses.fr/2008NANT4019.
Full textIn 1804, when the Civil Code was first drafted, real property was solely defined by its immovable nature, as defined by the law. Indeed, if a good was granted the qualification of "immovable", this qualification commanded the application of certain rules. But during the twentieth century, an additional qualification criterion is superposed to legal nature. Now, in property law as well as in contract law, real property is also defined by its purpose which are real property for residential purposes on the one hand real property for commercial purposes, real property for professional purposes and real property for rural purposes. The purpose becomes the paramount criterion that dictates the application of specific bodies of rules. Real property for residential purposes is used for housing, while real property reserved for economic purposes supports a business. Within the category of real property for economic purposes, real property for rural purposes is unique because it is also an instrument of agricultural policy. The various purposes of real property will justify the application of specific bodies of rules governing immovables, thus transforming real property into a specific good. The needs that real property satisfies are shown to be crucial for the elaboration of specific rules that constitute today the ordinary law governing real property for residential purposes and for rural purposes. However, the ordinary law that should govern real property for economic purposes still remains to be created. The study of real property's different purposes will highlight the convergence between property law and contract law. Finally, this study will demonstrate the specificity of operating leases, and the need to establish a suitable body of governing mies
Théron, Julien. "L'intervention du juge dans les transmissions de biens." Toulouse 1, 2005. http://www.theses.fr/2005TOU10077.
Full textThe interventions of the judge into the transfer of properties are numerous in the French Law : licences, legalizations, injunctions, judicial transfer of companies, adjudications. However, the grounds for these interventions are quite puzzling, as regards first the exclusive nature of the privileges of the owner, and secondly, the generally admitted role of the judge. Not only does he intervene into a field which is normally solely devolved on the will of the parties, but also, in a number of occurences by controlling or imposing like an administrator, nor does he make decisions in litigations. The understanding of the phenomenon is all the more obscured as there seems to be no link between the various manifestations of his presence. This study is demonstrating the necessary aspect of the presence of the judge in the matter of transfers. The owners are most definitely entitled to decide about the distribution of their properties, yet, this distribution may generate disputes. Like in any other field, the judge is here to decide about these disputes. He is entitled to re-establish the upset balance in the distribution of what is "owed to each". The consideration of the intervention of the judge to this end enables to determine his effective role in the action of transfer, and thus, to establish a classification of the transfers in which he intervenes. In all cases, when he does not participate in a transfer, the acquisition is not judicial. Such a classification is rich in practical lessons. The nature of the transfer being altered by the intervention of the judge only in judicial transfers, only these are submitted to derogations of the system of Law governing the presence of the judge. In all other cases, as the will of the judge does not get into the transfer, his intervention implies no modification of the usual system of Law
Gijsbers, Charles. "Sûretés réelles et droit des biens." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020088.
Full textProperty, real rights, tracing, exclusive possession, movables, immovables, accession, accessory obligation, real subrogation, fungibles, funds, etc. are a few of the many concepts forged by property law that are used and sometimes misused, in the law relating to security transactions. The misuse of such concepts in the latter area of law can be attributed to the different purpose that underlies such transactions, being specifically the guaranteeing of debt repayment. After several theses, essays and monographs have been devoted to particular aspects of these interactions between property law and the law surrounding security transactions, this thesis delivers a comprehensive study about the relationship established between the two areas of law, and will highlight their points of convergence, points of divergence and mutual efficiency
Sabathié, Erika. "La chose en droit civil." Paris 2, 2004. http://www.theses.fr/2004PA020044.
Full textDelcenserie, Sophie. "Les biens à caractère personnel." Paris 2, 2006. http://www.theses.fr/2006PA020058.
Full textSadoun, Delphine. "Les biens culturels en droit pénal français." Strasbourg, 2011. http://www.theses.fr/2011STRA4014.
Full textThe issue of art trafficking is easy. Every time a work of art is stolen, a part of the History disappears. And unfortunately, they represent an easy way to make money as long as fiscal and customs legislations of many countries are too weak. For those reasons, it is essential to protect the most inestimable works of art. But the struggle against antiquities trafficking should not be forsaken. It represents a huge menace especially as many archaeological sites are not listed. All around the world art trafficking is known and struggled. But to be efficient, most countries should summon up their strength: the various legislations should be in harmony with a world policy in order to be efficient. In fact, art trafficking does not know borders. This illicit market represents a real scourge for knowledge. And it faces legally constituted states too. This thesis will not talk about art trafficking at war or all around the world but in peacetime and especially in France. This study of art trafficking shows the legal means for struggle this phenomenon and wonders if new solutions are possible
Chabault, Caroline. "De la distinction entre les choses et les personnes : pour une proposition de nouvelles définitions." La Rochelle, 1997. http://www.theses.fr/1997LAROD002.
Full textThe distinction between things (objects of law) and persons (subjects of law), summa divisio of law, now deserves to be reconsidered, in particular because of the progress accomplished by medicine and biology. When does life begin? When does life end? And if laws attribute the character of person to every living individual on the sole basis of a material substratum, the human body, how can we explain that entities, by definition intangible, are called subjects of law? From this follows a tendency to demythify the notion of person in the same way as a tendency to dematerialize the concept of object of law can be observed, as all things are not property, and not all property is made up of things. The solution of this twofold problem will bring out the intermediate category of subjects of possession. Some subjects may move away from the category of persons, whereas certain objects tend to move toward this category, simply because they have the capacity to feel well-being or to suffer. In the last analysis, the concept of subject is to be understood in a functional sense. The subject is only the individual, in the biological sense of the term, recognized by law when he carries out a legal action, and some subjects of possession become persons, because they can be represented. Other subjects, on the other hand, will remain objects with a special status, because their interests will only be defended indirectly
Poli, Jean-François. "La protection des biens culturels meubles." Aix-Marseille 3, 1992. http://www.theses.fr/1992AIX32028.
Full textThe goal of this study is to examine closely the different legal regulation, presse -ntly existing on the juridical protection of movables cultural works: cultural work circulation, purchase by state ("dation en paiement), territorial and marin archaelogy, fiscal law. It insists on the social role of cultural works and also on the duties of the state regarding their protection. Sociological and economic approach is considered as well. Finally it studies the role played by the international organisations (unesco) (concil of europe), and possible consequences of the principle of free circulation result of eec treaty, on the protection
Vern, Flora. "Les objets juridiques : recherches en droit des biens." Electronic Thesis or Diss., Paris, Institut d'études politiques, 2018. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247201211.
Full textIn French property law, things only seem to exist in order to be classified or owned. They are scarcely described in themselves, independently from rights in rem. The multiplication of these rights suggests, however, that they only reflect the diversity of underlying property objects. Such objects are not things from the external world, but an abstraction which the legal system constructs upon characterising certain facts and giving them a legal denomination. The application of a legal rule requires the appreciation of factual elements which, in turn, reveal the existence of an object filled with juristic qualities, before a property right even exists. Yet, legal technique is never entirely passive. The law provides certain mechanisms through which it is possible to modify the legal consistency and the purpose served by juristic objects and, therefore, to change the rules applicable to them. These results are both characteristic of and specific to in rem legal techniques. However, when legal subjects assert claims to the possession of an object, their pretensions also transform our understanding of in rem mechanisms, obscuring their technical function beneath the rights and powers which they seem to grant these individuals
Cadet, Frédérique. "Les biens professionnels des époux." La Réunion, 2001. http://elgebar.univ-reunion.fr/login?url=http://thesesenligne.univ.run/01_25_Cadet.pdf.
Full textLenglart, Guillaume. "L'usufruit de biens indivis." Nantes, 1999. http://www.theses.fr/1999NANT4018.
Full textCordelier, Emmanuel. "L'abus en droit des sociétés." Toulouse 1, 2002. http://www.theses.fr/2002TOU10028.
Full textIn Company Law, abuse of rights occurs when conflicting interests are stake, e. G. A person who abuses his/her shareholders' right does so with the intent of satisfying personal interest to the detriment of the Companny's overall interest. The existence of an abuse and the way it is dealt with comes largely under the control of the judge. The concept of "abuse" is used to quell crises between shareholders and to instil a sense of moral duty into the different participants in the group
Laurent, Julien. "La propriété des droits." Paris 1, 2009. http://www.theses.fr/2009PA010336.
Full textPouderoux, Serge. "Les constructions sur le bien d'autrui." Lyon 3, 1987. http://www.theses.fr/1987LYO33003.
Full textBuilding construction on another's property fulls into the category of multiple judicial texts. It is possible to gather the various assumptions recorded around two main axes: the first one includes all the cases of building without any rights or clains to another's property, and this position is most of the time strictly repressed by the legislator. The second one unveils to us a process of judicial dissociation which presides to the acknowledgement of a notion of temporary area property linked to the investments financed by a third party. This judicial dissociation of property right, made possible by the existence of an area right, is bound to have a future. Be as it may, in all cases and unless stated otherwise, the unitary property will always be restored to benefit the landlord through the phenomenon of artificial accession, left to his responsability to pay a sum for compensation to the builder per-contra for the appropriation of the new constructions
Chauviré, Philippe. "L'acquisition dérivée de la propriété : (le transfert volontaire des biens)." Paris 1, 2009. http://www.theses.fr/2009PA010327.
Full textFourmond, Sylvain. "Occupations privatives du domaine public et droit des patrimoines : le droit des biens à l'aune de l'obligation réelle." Nantes, 2000. http://www.theses.fr/2000NANT4038.
Full textDogo, Koudou Martin. "La protection des biens des mineurs et les intérets des tiers." Nice, 1990. http://www.theses.fr/1990NICE0007.
Full textCayron, Jocelyne. "La location de biens meubles." Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX32016.
Full textHiring is a contract wich is used nowadays in many ways and to reach different ims. A lot of things are hired out. The civil code gaves few specific rules. Both contracting party is free to add or to delete some obligations. There is a lot of different ways to hire out a chattel personal or things. Also hiring is used to have economic benefits and to avoid taxes
Torkmanie-Ghazal, Mohammad-Ammar. "L'évolution du gage en droit français : étude comparée avec le droit musulman." Lyon 3, 2004. http://www.theses.fr/2004LYO33041.
Full textLedain, Denis. "Constitution et Convention européenne des droits de l'homme et droit des biens publics." Pau, 2009. http://www.theses.fr/2009PAUU2012.
Full textThis thesis compares Constitution and ECHR rules about public possessions. Il deals with issues like property right, dispossessions, nationalisations. It appears in fine that ECHR impacts much more public possessions law than Constitution. But this influence doesn't mean that national law is threatened by european rules. Indeed, the european court of human right leaves a large freedom to public administrations in this matter
Cochez, Caroline. "La participation du droit des biens au mouvement de socialisation du droit." Thesis, Lille 2, 2013. http://www.theses.fr/2013LIL20015/document.
Full textOne has often construed socialization as a construct to be used in the fight against legal individualism. And yet, it has to be owned that such an interpretation is too simplistic. The strength of the notion of socialization actually lies in the fact that the latter straddles several fields of social science. The socialization of law must also be understood as law adapting to the social mores of the times. From such an acceptation there has resulted a certain conformation of legal rules to a given state of affairs, to the social sphere. Such as it has been called upon in the 19th-century movers’ and shakers’ discourse, the thematic of socialization oscillates between these two poles. One must therefore contemplate both these aspects of socialization. The notion evolved as a reaction against the tenets of an individualistic law; at the same time, it reveals the need for developing a present-day law. From both these standpoints the inclusion of property law in the socialization movement is obvious. It emerges that the discipline nurtured a social conception of the law long before the idea of socialization was unequivocally expounded towards the end of the 19th century. Later on when the need to socialize law took hold of the legal discourse, the persistence of the theme of ownership and references to its social purpose made it possible for property law to have a decisive input in the development of the juridical construct of socialization. Being part of the implementation process of socialization seems to have involved another dimension. As a rule the makeovers that have impacted the discipline were effectued in the direction of a tallying of its own principles with new realities. The coming to the fore of new values, of immovables into the field of assets likely to be appropriated revealed in particular that property law had evolved so as to cope with the changes brought about by the revolution of intangible assets. Such an bringing up to date of this discipline reveals its aptitude to ensure the construction of a specific state of society
Avout, Louis d'. "Sur les solutions du conflit de lois en droit des biens." Paris 2, 2005. http://www.theses.fr/2005PA020063.
Full textTorck, Stéphane. "Essai d'une théorie générale des droits réels sur choses fongibles." Paris 2, 2001. http://www.theses.fr/2001PA020044.
Full textPélissier, Anne. "Possession et meubles incorporels." Montpellier 1, 2000. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D71.
Full textVern, Flora. "Les objets juridiques : recherches en droit des biens." Thesis, Paris, Institut d'études politiques, 2018. http://www.theses.fr/2018IEPP0023.
Full textIn French property law, things only seem to exist in order to be classified or owned. They are scarcely described in themselves, independently from rights in rem. The multiplication of these rights suggests, however, that they only reflect the diversity of underlying property objects. Such objects are not things from the external world, but an abstraction which the legal system constructs upon characterising certain facts and giving them a legal denomination. The application of a legal rule requires the appreciation of factual elements which, in turn, reveal the existence of an object filled with juristic qualities, before a property right even exists. Yet, legal technique is never entirely passive. The law provides certain mechanisms through which it is possible to modify the legal consistency and the purpose served by juristic objects and, therefore, to change the rules applicable to them. These results are both characteristic of and specific to in rem legal techniques. However, when legal subjects assert claims to the possession of an object, their pretensions also transform our understanding of in rem mechanisms, obscuring their technical function beneath the rights and powers which they seem to grant these individuals
Pimiento-Echeverri, Julian-Andres. "Les biens d'usage public en droit colombien." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020025.
Full textRegulation of public property available for public use is at the core of administrative law. The Colombian Civil Code has copied colonial Spanish law in the matter, which in turn was inspired by Roman law. However, the absence of an exhaustive and coherent regulation in Colombia has forced the interpreter to study its foundation and further developments to interpret it. An update of this legal system is, therefore, imperative. Beginning with the concept of public property and its constitutional regulation, it is poss ible to analyze the elements of its public use, which will allow proposing a definition of those assets. It is necessary to analyze the regulation of these public properties under the light of their social and economic value. The protection granted by the law to the concepts of public property, public use and public user, has to be assessed under the new approach of the administrative authorizations pertaining to such public property. This notion of social and economic value will also allow scholars/people to have a new vision of the regulation of administrative authorizations, the exclusive rights (in rem) they confer and the income they produce
Flores-Lonjou, Magalie. "Édifices et lieux de culte en droit français." Bordeaux 1, 1992. http://www.theses.fr/1992BOR1D021.
Full textThe separation act of december 1905 did not succeed in unifying the legal system of the cultural buildings. Their juridical status depends either on their geographical situation or on the person who owns them. The majority of them are however governed by public laws. Although the act of worship is private, it is always submitted to the public legal entity through the need to safeguard public order or the various subventions allocated to the places of worship. Given the existing disparities and the various modifications to the separation act, it would be necessary for the different confessions in france to have the same treatment with regard to the places of worship. The recognition of the religious phenomenon should also lead to a better understanding of the relationship between the state and the different confessions
Bienfait, Eric. "Abus de biens sociaux et abus de confiance." Nice, 2003. http://www.theses.fr/2003NICE0012.
Full textSince the new penal code of 1994, misappropriation funds and breach of trust find one's way in a common repressive sphere of operations. These violations lead to a difficulty of differentiation and a confusion risk, which don't go with legal security principles and criminal legality. Indeed, risk materialize through the opportunity of a dual qualification suggested to judges. The doctrine, in its majority, is favourable to a reform in this context. Some of the authors aim at precise aspect of misappropriation funds as the prescription delay. Others consider that a content reform is necessary. Therefore, simple deletion of misappropriation funds violation would not be contemplate as a solution. Then, it's advisable to determinate in what extent breach of trust will supplant misappropriation funds. In this way, it is also necessary to find improvement for this incrimination in order to cover completely the repressive sphere of operations
Kremer, Florence. "Le rôle stratégique des marques de distributeurs dans les relations producteurs-distributeurs sur les marchés de biens de grande consommation." Université Robert Schuman (Strasbourg) (1971-2008), 2000. http://www.theses.fr/2000STR30029.
Full textThe constant growth of store brands in North America and Europe over the past twenty years confirms that they have gained the status of major competitors to products branded by well-known manufacturers usually referred to as " national brands ". While past research has mainly focused on the determinants of the success of store brands, we propose a theoretical framework that investigates the impact of their growth on the market structure. Both the interdependence amongst differentiated products and the vertical interaction between a retailer and two producers are taken into account. This allows some understanding of the effect store brands have on competition among national brands and how this may enhance the retailer's profitability. Results reveal that the strategic role of the store brand may be twofold. By taking the offensive to improve the quality of his store brand, the retailer increases price competition in the product category and benefits from lower wholesale prices. In the case that the terms of trade worsen for the retailer, the store brand plays a more defensive role. We show that a higher sales volume of the store brand compensates for the loss of a retailer whose relative bargaining power decreases. Empirical analyses conducted on retail scanner data for 21 product categories and 384 stores give support to these findings. We in particular observe in half of the categories a negative relationship between the market share of the store brand and the concentration of national brands, showing that store brands threaten not only secondary brands but also the leading national brands
Denolle, Alice. "L'accès à la propriété des biens archéologiques. Etude de droit comparé, France, Etats-Unis." Thesis, Paris 11, 2013. http://www.theses.fr/2013PA111006.
Full textFrance and the United States have both recognized the importance of preserving archaeological resources against any damage or destruction through legal protection so that their use by present generations and their transfer to future generations may be ensured. This importance is reflected through the existence of a public interest in the preservation ofarchaeological resources. The public interest is rooted in different values which are assigned to archaeological resources and which may be referred to as the cognitive value, the identity value, the aesthetic value and the economic value. In both countries the cognitive value appears to be the cornerstone of protective legislation.Even though the United States and France recognize that there is a public interest in preserving archaeological resources, the ownership of archaeological resources is still deeply governed by common law rules, according to which archaeological resources are seen as mere property. This dichotomy proves to be a source of tension between two competing interests:the public interest which lies in archaeological resources protection on the one hand, and the private interest, expressed through ownership, on the other hand.The legal definition of protected archaeological resources lies therefore at the forefront of the issue. In both countries, there is no uniform status of archaeological resources. However, protective legislation recognizes the very specificity of these resources, developing therefore specific protective schemes. The two legal systems tend to favor public ownership, the state being seen has the most suitable owner capable of ensuring preservation. But private ownership appears to be a strong opposition public ownership has to face. However, private ownership of archaeological resources does not necessarily equal lack of protection.No special property status has thus been implemented in either countries. Conflicts arising between preservation and ownership of archaeological resources in the current protective systems could therefore be resolved by drawing the consequences of the specificity of archaeological resources into the protective schemes
Delrieu, Sabrina. "Indivision et procédures collectives." Toulouse 1, 2006. http://www.theses.fr/2006TOU10018.
Full textThe characteristics of joint possession right and banckruptcy reveal the opposition between two juridical systems that are organized according to their final aim. Applying these two systems requires confonting their areas of applications and their juridical schemes. The confontation between their personal fields and their real fields shows first how banckruptcy cannot properly solve the issues of an undiivided company. The recognition of the position as failing co-developers of the tenants in common is facilitated by the managing rules of joint possession. The exclusion of an undivided good from the bankruptcy carried on against one of them, makes a positive outcome structurally impossible for the company. Then , the confrontation of their juridical systems makes clear their reciprocal conjunction. The civil rules that protect relatively the property rights of the joint possession's members, on one hand, justify the interference of joint possession when executing banckruptcy, and on the other hand, develop the impact of the trading measures, limiting the debtor's ability of managing the goods of his patrimony. Consequently, this analysis demonstrates the necessity of elaborating a set of rules that will overrule the appropriation method of an undivided good of a company, so that banckruptcy right can no longer fail to fulfil the satisfaction of its objectives in expanding situations
Haschke-Dournaux, Marianne. "Réflexion critique sur la répression pénale en droit des sociétés." Paris 5, 2002. http://www.theses.fr/2002PA05D008.
Full textFor a long time, criminal and company law have been dissociated. But the rise of modern capitalism has been followed by new kinds of malpractice that the penal Code did not contemplate. Many specific offences were thus created. Over one hundred of them are still in force, dealing with every aspect of company management. Paradoxically, this repressive approach is widely inefficient. Only a few convictions are pronounced by the Courts, mostly in case of embezzelment. This contradiction shows the limits of a repressive approach and urges to question the very necessity of penal repression in company law. A critical analysis allows to consider the need for a deep reformation. There are numerous deficiencies : congenital, formal and fonctionnal. They explain the inefficiency of the impressive legal weaponry. One has to wonder whether penal repression is really useful in company law. Comparative law leads to a moderate affirmative answer. Domestic law confims the need for penal sanctions but, once again, the opportuneness of the sanction cannot be separated from its mitigation. In matter of company law, criminal law must retreat. A constructive analysis allows to redefine the field of penal law in company law according to two criteria : the first one borrowed from criminal law is the intensity of the transgression. The second one, borrowed from company law is linked to the nature of the protected interest. Then, sanctions need to be redefined. Many offences deseved to be maintained and improved. But it is also necessary to bring up useful civil alternative option to penal sanction
Lesueur, Justine. "Conflits de droits : illustrations dans le champ des propriétés incorporelles." Paris 2, 2007. http://www.theses.fr/2007PA020088.
Full textBouzir, Saoussen. "Le régime de la communauté des biens entre époux : étude comparative du droit français et du droit tunisien." Paris 1, 2003. http://www.theses.fr/2003PA010304.
Full textPlanckeel, Frédéric. "Indisponibilités et théorie du droit : contribution à la redéfinition du système juridique." Lille 2, 2004. http://www.theses.fr/2004LIL20009.
Full textThe nature of such established institutions as clauses of inalienability or public domain inalienability is still an enigma. This is due to the incompatibility of inalienabilities with the traditionnal foundations of property law. So it is out of the theory of law that a summa divisio can be observed whereas objective inalienability directly relate to the objective property, wich is assigned to its proprietor even towards third parties, subjective inalienability abolish only the power of the proprietor. These two models allow us not only to develop for the first time a general theory of inalienabilities, but also to show the essence of fundamental concepts of subjective property, objective property, legal capacity, personal right and real right. These concepts even prove to be in the heart of a logical and universal system : it transcends the legal system, while making up its technical substance, specified according to the own principles of every State. This setting of legal system to equation invites to reconsider all the technical concepts, and paves the way for a theoretical unification of the diverse national systems
Julienne, Frédérique. "L'usufruit et les règlements pécuniaires familiaux." Bordeaux 4, 2005. http://www.theses.fr/2005BOR40019.
Full textHindi, Jawdat. "L'usucapion des biens immobiliers, étude de droit comparé français-syrien." Université Robert Schuman (Strasbourg) (1971-2008), 1991. http://www.theses.fr/1991STR30001.
Full textThe word "prescription" is orginated from the latin alterance "prescriptio longi temporis et longissmi temporis". It is an execption based upon the time elapsed and arises from the abow ulterance of which it constitutes the head word. Acquisitive prescription transposes this notion to the acquistion of real estate. At the present time, this institution is equivalent to legal prescription of proprietor ship in the two legal systems we intend to study. Legal enactments seem to classify acquisitive prescription under the efficient causes of proprietor ship acquisition. In reality, and not with standing the insertion of the land register system in syrian law, acquisitive prescription especially remains a protective legislation for the titular of the concerned right against any usurper. But it also allows to sanction any carelessuess of a given proprector in case of his noh use the presumed right during the specific time fisced by law. It is understood that the awher's will is necessary, as he may or may not invoke the acquisitive prescription. But the real proprietor could prevent the latter from displaying its effects by asserting his property, provided that this claim occurs before the term of limitation for the prescriptive acquisition runs out. It can be locked upon as necessary for the stability of social life, because possession has to rely on the principle of law after the passing of a certain lapse of time. This is a matter of fact more than a question of public interest. Indeed, the right of proprietorship firstly originates from a possession which society confirms by attaching the authority of law to it
Papatheodorou, Thémistoklis A. "La protection juridictionnelle des droits incorporels patrimoniaux dans les droits publics français et grec." Paris 2, 2010. http://www.theses.fr/2010PA020004.
Full textLam, To Trang. "L’acquisition de la propriété par accession des biens en droit vietnamien : comparaison avec la France." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40041/document.
Full textThe property is respected as a sacred and an inviolable right in France from 1789 according to article 17 of the Declaration of the Rights of Man and of the Citizen. However, due to the colonization, the Vietnamese civil legislation before 1980 didn’t achieved outstanding results, especially in the property. Currently, after the Napoleonic Code of 1804 in France or the Civil Code of 1995 in Vietnam, the properties and ownership right play an important role in both two legal systems. The French Civil Code states that accession is an original mode of acquisition, together with derived modes of acquisition, of the ownership right of properties. By various provisions related to the property in the Civil Code of 2005, the Vietnamese law tacitly recognizes that accession is a way to acquire the ownership right. The provisions in the civil law of Vietnam on accession of properties, however, are not sufficient and systematic
Eichenbaum-Voline, Alexis. "Le statut des idées en droit des créations immatérielles." Paris 2, 2003. http://www.theses.fr/2003PA020076.
Full textAntonini-Cochin, Laetitia. "La situation du conjoint d'un débiteur soumis à une procédure collective." Nice, 1999. http://www.theses.fr/1999NICE0038.
Full textDeiller, Nicolas. "Le régime juridique des biens cultuels : vers une nouvelle approche du droit des cultes en France ?" Thesis, Bourgogne Franche-Comté, 2018. http://www.theses.fr/2018UBFCF007/document.
Full textCultual goods, and more generally the cults themselves, have undergone many changes in their legal system. To be interested in the legal regime of the cultual goods is necessarily to study the system of cults, as a whole. Starting from the management of the material goods of the different cults, we propose an analysis of the current law of religions. In 1905, the law on the separation of churches and the state was passed. An eminently political law, it aims to secularize public institutions and proposes a new material organization for the different cults present on the national territory. In order to replace the former public establishments of the cult concordats, cult associations, private, are set up: they are intended to represent the cult and to manage its material goods. The difficulty arose with the refusal of the Catholic Church to constitute such associations, forcing the legislator to accompany this law of separation by a body of law, premise of future state accommodations in this area. The law of 1905 was not applied in its entirety since its promulgation and the body of law it engendered resulted in a multitude of compromises to two cults in particular: the Catholic Church and Islam. Today, these two religions are hardly subject to the provisions of the 1905 law, from a material, organizational or financial point of view. The absence of unity of the law of cults in France (even within the law of 1905, in Alsace-Moselle and in the DOM-TOM) is not likely to answer the questions raised by the religious metamorphosis that occurs France. It may have been time to make this juridical regime of cults evolve again, adapting it more to the current religious context
Almeras, Renaud. "De bonis damnatorum : les biens du condamné dans l'ancien droit." Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD062.
Full textDestiny of the goods of the delinquent always requested attention of the lawyers especially in former law. These goods are naturally asserted by Treasure as patrimonial penalty which were fixed by the repressive jurisdictions. However, certain mechanisms will limit the claims of Treasure which could appear abusive.In the same way, the close relations and the beneficiaries of condemned person defend their own right on the goods concerned by confiscation. They estimate that they have not be injured by a crime they did not commit. However, their proximity with the delinquent can make them suspect, and in any case suppress theirs rights
Dumont, Florence. "La nature juridique du droit de superficie." Lyon 3, 2001. http://www.theses.fr/2001LYO33027.
Full textBouathong, Patrick. "Les universalités de droit : essai d'une théorie générale." Thesis, Paris 1, 2020. http://www.theses.fr/2020PA01D036.
Full textFrench Law has been familiar with the notion of "l’universalité de droit" - which one can call a "universal mass" - for a long time. It is often linked to collections of assets or the patrimony and it seems to have developed to a certain extent today. It is traditionally presented by the doctrine as a coherent mass of assets and liabilities. One can identify such a mass when looking at a patrimony, a trust, a securitization fund or even a ship but also when studying the undivided property or the community between spouses. All those masses of assets and liabilities seem to share common characteristics, as well as a common structure and a common role in the judicial system. Thus, it is surprising that no statute or law have ever tried to present it as a proper and unique notion. The private judicial system in France is built on the idea that liabilities are guaranteed through the debtor's assets. Studying the universal masses of the French Law system can help realizing that all of them arc created for one purpose : limiting liabilities to certain assets only. Therefore, this essay is meant to present a clear definition or the universal mass and improve one's understanding of it. This approach of the universal mass can help building a more coherent set of rules to be applied to various situations. Understanding the role of the universal mass plays an important part in creating those rules. Since creating one of these masses also creates a limitation of liability for the debtor, it is crucial to set out some ways to protect the creditor. It is a matter of balance; in a way, it is a matter of justice